CCJ set aside

[whistler114]

Just in the process of sorting out my credit file. Just got rid of an old default and now only have a CCJ to contend with.

 

It was filed in May 2006 and I was going to wait 2 more years for it to drop off my credit file but now I'm looking at a job in the financial sector and I need a squeaky clean credit file in order to do this.

 

Some facts about the CCJ (I've changed a few things so I can't be traced):

 

1. LloydsTSB originally filed the CCJ for £11,022

 

2. I ticked the box on the forms to say I want the extra 14 days to mount a defence and sent them back but I don't think I sent anything after that (I was young and naive).

 

3. My credit file has the CCJ listed for £11,022 AND a reference to Arrow Global Ltd (who I've never heard anything from) for £10,652 which is basically the same debt listed twice. Will Experian remove duplicated entries if I ask them?

 

4. I have not been contacted by Lloyds since before the CCJ and never heard from Arrow ever.

 

I was going to request all information about the CCJ from the court before filing a N244 form to have it set aside. Since I'm on JSA at the moment I can fill out an EX160 form and get the court fees waived. I've been at the same address for 10 years and they haven't contacted me so they're obviously not interested in enforcing this CCJ.

 

The CCJ doesn't have an "owner" listed next to it, but it appears Lloyds have "sold" the CCJ to Arrow. Does that give me any ammunition for the set aside? Are they allowed to transfer CCJs without informing me?

 

Finally, even if Lloyds have sold the debt on and if it does drop off my credit file, would they still retain information about me on their internal systems? Guess which bank I'm going for a job interview with....

Edited July 22, 2010 by whistler114

[BankFodder]

You haven't said anything here which provides a basis for trying to setaside the judgment.

 

Although it is very unfair, there are many dupicate entries of the kind you refer to and there doesn't seem to be anything which can be done about it. You should certainly write to the CRA if you want and see what they say. However, you should be aware that if you are tryinging to lie low then this will probably spark it all off.

 

Don't imagine that after a mere 4 years the issue is going to go away - it probably won't and the DCAs will get moving sooner or later.

 

CCJs are not subject to the limitation rules. The money will be enforceable for life and if there is no reason for challenging the debt then you should try to deal with it and get the matter out of your way - especially if you are trying to begin a career working for a bank

[whistler114]

Hi BankFodder, thanks for the reply.

 

Don't imagine that after a mere 4 years the issue is going to go away - it probably won't and the DCAs will get moving sooner or later.

 

I really don't think they are going to get moving, that's just my opinion though. It's been 4 years and I haven't heard anything from them despite still living at the same address. No phone calls, no letters. The only time I realised it had been sold to Arrow was because it came up on my credit report.

 

CCJs are not subject to the limitation rules. The money will be enforceable for life

 

As I understand it CCJs drop off the credit record after 6 years even though they still exist. If they want to enforce it after that then they can go ahead, as long as it's not on my file. If they do try to get it back on my file after 6 years I understand they have to explain to the court why they have done nothing for 6 years.

 

You haven't said anything here which provides a basis for trying to setaside the judgment.

 

That's what I'm looking for. My father died in September 2006 after being diagnosed with a brain tumor earlier that year (I can provide death certificate). I could say I was depressed and not in my right mind at the time which is true.

 

It seems a bit pointless if they can't be bothered to chase the debt. I was planning on filing the N244 form anyway since it's free for me right now and I have nothing to lose, right?

[whistler114]

Bugger it, I'm clutching at straws here. I'll wait another 22 months for it to drop off and look for a job elsewhere in the meantime.

 

Bloody CCJs are like parasites. The claimant clearly isn't interested so why bother having it on file ruining my chances of getting a job which ironically would help me repay the debt should they chose to chase it.

Edited July 22, 2010 by whistler114